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SDP/PIP, ESA Conts and UC

daisy80daisy80 Member Posts: 12 Listener
Hi there a relative currently gets PIP higher rate for both daily living and mobility. She has been given a 10 yr award. She also gets old style ESA Contribution based benefit and is in the support group. I'm pretty sure she gets the SDP to. So as she gets the SDP I've read that you can't claim UC until the block is removed in approx Jan 2021 so people aren't worse off. Her husband works and his gross is around £1800 a month. She claimed ESA C a few years ago and couldnt of claimed ESA income related then as her husbands earnings would of nilled the claim. She contacted housing benefit recently who said as they are a UC area she has to claim UC for housing help. But she can't due to getting the SDP. She can't claim new style ESA either for the same reason and also because she hasn't worked in the last 2-3yrs. Where does this leave her? She has to remain on her current ESA C benefit but if you claim ESA C can you  get!housing benefit if you're not allowed to claim UC? She's exhausted all savings credit cards etc and has nowhere to turn to. Thanks 

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited July 2020
    Hi,

    Does her husband claim a disability benefit such as PIP daily living or DLA mid/high rate care? If he doesn't then she defintiely won't be claiming the SDP, im afraid. To be entitled to SDP then you must either live alone or be classed as living alone. You must also be claiming Income Related ESA. She claims Contributions based. See link for SDP criteria https://www.entitledto.co.uk/help/severe-disability-premium

    She will need to use a benefits calculator to check entitlement to UC. As she lives with her husband then they will need to claim as a couple. Whether they're entitled to anything will depend on their circumstances. If it's just the 2 of them with no dependant children then they maybe very little entitlement becauase of his earnings.

    She will remain on her ESA because it's not part of UC. She must also be in the Support Group because Contributions based ESA is only paid for 365 days in the WRAG. Her support group award will be honoured in UC and she'll be entitled to the LCWRA element ontop of any other eltitlements. Her ESA will be deducted £1 for £1 from any UC entitlement.

    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • woodbinewoodbine Community Co-Production Group Posts: 3,824 Disability Gamechanger
    So if she is getting approx £450 a month ESA plus £480 a month pip and her partner has a take home pay of £1500 a month totalling almost £2500 a month it is highly unlikely any housing benefit would be payable.
    my advice is given freely and is correct to the best of my knowledge.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Housing benefit can't be claimed here anyway because it no longer exists anymore, except for very certain circumstances, claiming SDP is one of them.

    PIP isn't counted for benefit purposes anyway because it's not means tested. If they have dependant children they maybe entitled to some UC but without knowing all of their circumstances, advising is impossible.

    If the relative wants more advice and they are unable to use the benefit calculators then a benefit check would be useful. Or if they can post back here theirself. give all of their circumstances and further advice maybe possible. Giving 3rd party advice isn't the best option.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,955

    Scope community team

    Hello @daisy80. It doesn't sound as though your relative can't be receiving SDP as she won't be receiving income-related ESA and unless her partner also receives a DLA or PIP she won't be eligible. If you know how much ESA she receives each fortnight we can probably work it out for you.

    If she's not eligible for SDP then there's no reason she can't claim UC to see about housing benefit - but it really depends on how high her rent entitlement is and the rest of their circumstances as to whether they'd be entitled.

    If she does decide to claim UC, she needs to pick her claim date carefully as this forms her assessment period. It's advisable to claim as far away from a work pay date as possible as it can cause problems with wages falling into different assessment periods. 
    Senior Community Partner
    Scope

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